YOGINBHAI NITINBHAI PATEL Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) PRESENT writ of habeas corpus has been preferred by the petitioner � detenu challenging the impugned order of detention passed by the Commissioner of Police, Vadodara dtd.20/6/2012 in exercise of powers conferred on him under sub-section (2) of Section 3 of the Gujarat Prevention of Antisocial Activities Act, 1985 (for short 'the PASA Act') and also for an order to set him free from detention.

(2.) THE order of detention along with the grounds supplied to the detenu are suggestive of the fact that the petitioner has been detained labelling him as a "dangerous person" as provided under sub-section (2) of Section 3 of the PASA Act. The grounds of detention are also suggestive of the fact that the detaining authority has taken into consideration two offences registered against the petitioner, out of which the first offence is registered against the petitioner vide CR No.II- 78 of 2012 with Gorva Police Station for the offences punishable under sections 323, 325, 294(B), 506(2) and 114 of Indian Penal Code and under section 135 of the Gujarat Police Act and another offence being CR No.I-141 of 2012 has been registered with Gorva Police Station for the offences punishable under sections 143, 144, 147, 148, 149, 437, 452, 504, 506(2) and 120(B) of Indian Penal Code and under section 135 of the Gujarat Police Act. So far as first offence being CR No.II-78 of 2012 registered with Gorva Police Station is concerned, chargesheet has been filed and is pending before the Court and so far as another offence being CR No.I--141 of 2012 is concerned, it appears that the same is "pending investigation".

(3.) IT is also required to be noted that even with respect to the second offence being CR No.I-141 of 2012 alleged to have been happened on 14/6/2012, the petitioner - detenu himself has received injury and even a cross-complaint has also been filed by the petitioner - detenu.